Verification of data in the Unified state register of legal entities is regulated by the order of the Federal tax service of the Russian Federation

The Federal Law from 30.03.2015 №67-FZ increases responsibility for the establishment of the fly-by-night companies and entering invalid data into the State registers. Information Agency Credinform dedicated two articles to this topic: «Changes in state registration procedure of legal entities» and «New in doing business: law and realities»

Since 2016 the same Law gives tax inspections the authority to check the accuracy of the contained or new data in the Unified state register of legal entities (EGRUL).

The basis and procedures of inspections, the using of their results are regulated by the order of the Federal tax service of the Russian Federation from 11.02.2016 №ММВ-7-14/72@.

Thus, the inspections can be made on the basis of:

• the written objection of interested party in regard to future state registration;
• the statement of physical person on invalid data contained in the registry;
• identified mismatches in provided documents and available data in tax authorities;
• provided for inclusion into EGRUL data on address of the legal entity, if this address is already the legal address of 5 or more legal entities, if the real estate object is destroyed or cannot be freely used for communication with this legal entity (for example, the address is location of public authorities), if the owner of the object has an objection on future entering of data into EGRUL in relation to the address;
• entering into EGRUL data on address, entailing the change of location of legal entity, the on-site tax audit of which is not completed, the documents on its results are not finished or didn’t entered into force or the legal entity has arrears or debts on penalties and fines;
• providing data on the head or participant of the limited liability company (LLC), the record on unreliability of which was already made or such person is brought to administrative responsibility for providing of invalid or false data on legal entity;
• providing of statement from the participant of the limited liability company on its withdrawal from the company (issued till 01.01.2016 apart from notarized statement), acting as the basis of the transfer of a share in the authorized capital to the entity itself;
• providing of documents on reorganization of legal entity in cases: if there are 2 or more participants in reorganization; if on-site tax audit in regard to legal entity, which is ceasing its operations, is not completed, the documents on its results are not finished or didn’t entered into force or the legal entity has arrears or debts on penalties and fines.

The listed bases for inspection should be identified by registration authority prior to the moment of making a decision on state registration.

The inspection can be made not only by the registration authority but also by other territory authorities of the Federal tax service of the Russian Federation on its instructions. Herewith the inspection should be carried out within the time frame established for state registration of legal entity.

Data verification may be carried out on the base of existing in the tax office data and documents; evidences from individuals, who have relevant knowledge for inspection; reports on issues related to the inspection; physical inspection of real estate unit; involvement of professionals and experts.

Depending on specific circumstances, in case when inspection results show inaccuracy of provided information, the registration authority is obligated to do the following: to make a decision of state registration refusal or to make a record in the registry on unreliable information about legal entity contained in EGRUL or inform the persons who submitted objections and statements about confirmation, disconfirmation or impossibility of confirmation of the facts submitted by the applicant.

Time will show whether the innovations may influence on the quality of the registered authorities and the speed of document processing. However, the scope of work on verification of documents is possible to indirectly estimate by statistics of the Federal tax service of the Russian Federation on registration of newly established and ceased the activities companies and individual entrepreneurs. Thus, in general across the country the records about the following companies were made in EGRUL in 2015: 6 419 newly established companies, 40 companies established through reorganization, 5 425 companies which ceased their activities, among them 95 companies – as a result of reorganization, 2 230 – in connection with liquidation, 48 – because of bankruptcy, 2 891 - according to the decision of the registration authority and 209 – on other grounds. 237 records about newly established individual entrepreneurs and peasant (husbandry) farms and 202 records on exclusion from the register were made in the Unified state registry of individual entrepreneurs (EGRIP) for the same period.

However, the implementation of this order may have a significant influence on the quality and reliability of information in EGRUL.

This, in turn, will let the experts of Information Agency Credinform to make the tool for integrated work with contractors (Information and analytical system Globas-i) more effective.